Decree-Law No. 3.688, of October 3, 1941 — Law on Criminal Offenses.

The President of the Republic , using the powers conferred upon him by Article 180 of the Constitution,

        DECREE:

(...)

Law of Criminal Misdemeanors

Decree-Law No. 3.688, of October 3, 1941

 

Special Part

Chapter VII

Offenses Relating to Public Morality

Gambling

Article 50 – Establishing or operating gambling in a public place or a place accessible to the public, whether or not an entrance fee is charged:

Penalty – simple imprisonment, from 3 (three) months to 1 (one) year, and a fine, with the effects of the conviction extending to the loss of the furniture and decorative objects from the premises.

§ 1 – The penalty is increased by one third if there is a person under 18 (eighteen) years of age among the employees or participating in the game.

§ 2 – Anyone found participating in the game, as a bettor or wager, will be subject to a fine.

§ 3 – The following are considered games of chance:

a) a game in which winning and losing depend exclusively or mainly on luck;

b) bets on horse races outside of a racetrack or location where they are authorized;

c) bets on any other sporting competition.

§ 4 – For criminal purposes, the following are considered equivalent to places accessible to the public:

a) a private house where gambling takes place, when people who are not family members of the occupant habitually participate in it;

b) the hotel or collective housing where gambling is provided to guests and residents;

c) the headquarters or branch of a company or association where gambling takes place;

d) an establishment intended for the operation of gambling, even if this purpose is concealed.

Unauthorized Lottery

Article 51 – To promote or conduct a lottery without legal authorization:

Penalty – simple imprisonment, from 6 (six) months to 2 (two) years, and a fine, with the effects of the conviction extending to the loss of the furniture existing on the premises.

§ 1 – The same penalty applies to anyone who keeps, sells or exposes for sale, has in their possession for the purpose of sale, introduces or attempts to introduce into circulation an unauthorized lottery ticket.

§ 2 – Any activity that, through the distribution of tickets, lists, coupons, vouchers, signs, symbols or similar means, makes the obtaining of a prize in money or goods of another nature dependent on a draw, is considered a lottery.

§ 3 – The definition in the preceding paragraph does not include raffles authorized by special legislation.

 

Foreign Lottery

Article 52 – To introduce into the country, for the purpose of trade, foreign lottery, raffle or tombola tickets:

Penalty – simple imprisonment, from 4 (four) months to 1 (one) year, and a fine.

Sole paragraph – The same penalty applies to anyone who sells, offers for sale, keeps in their possession for the purpose of sale, introduces or attempts to introduce into circulation, a foreign lottery ticket.

 

State Lottery

Article 53 – To introduce, for the purpose of commerce, a state lottery ticket into territory where it cannot legally circulate:

Penalty – simple imprisonment, from 2 (two) to 6 (six) months, and a fine.

Sole paragraph – The same penalty applies to anyone who sells, offers for sale, keeps in their possession for the purpose of sale, introduces or attempts to introduce into circulation, a state lottery ticket in a territory where it cannot legally circulate.

 

Display or storage of lottery list

Article 54 – To display or keep in one's possession a list of foreign lottery results:

Penalty – simple imprisonment, from 1 (one) to 3 (three) months, and a fine.

Sole paragraph – The same penalty applies to anyone who displays or keeps in their possession a list of state lottery results in a territory where such results cannot legally circulate.

 

Printing tickets, lists or announcements

Article 55 – To print or perform any service of making tickets, lottery lists, notices or posters relating to a lottery, in a place where it cannot legally circulate:

Penalty – simple imprisonment, from 1 (one) to 6 (six) months, and a fine.

 

Distribution or transport of lists or notices

Article 56 – Distributing or transporting posters, lottery lists, or lottery notices in places where they cannot legally circulate:

Penalty – simple imprisonment, from 1 (one) to 3 (three) months, and a fine.

 

Sweepstakes Advertisement

Article 57 – To publicize, through newspapers or other printed media, radio, cinema, or any other means, even if disguised, announcements, notices, or results of lottery drawings where the circulation of lottery tickets is not legal:

Penalty – fine.

Animal game

Article 58 – To operate or conduct the lottery known as "jogo do bicho" (animal game), or to perform any act related to its operation or conduct:

Penalty – simple imprisonment, from 4 (four) months to 1 (one) year, and a fine.

Sole paragraph – Anyone who participates in the lottery with the aim of obtaining a prize, for themselves or for a third party, is subject to a fine.

 

FINAL DISPOSITIONS

        Article 71. Except for special legislation concerning forests, hunting and fishing, all provisions to the contrary are hereby repealed.

        Article 72. This law shall enter into force on January 1, 1942.

Rio de Janeiro, October 3, 1941; 120th year of Independence and 58th year of the Republic.

GETULIO VARGAS.
Francisco Campos.

This text does not replace the one published in the Official Gazette of 3 October 1941.